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Taiwan (the Republic of China government) administers the Dongsha Islands in practice, while both Taiwan and the People’s Republic of China claim sovereignty. The islands are also known as the Tungsha Islands and the Pratas Islands. The official sources reviewed record these competing positions but do not establish a Dongsha-specific, mutually accepted settlement.
Who controls the Dongsha Islands in practice?
Taiwan exercises de facto control and administration. Taiwan’s Ministry of Foreign Affairs says the ROC has effective control over the islands and reports that a Tungsha (Pratas) Atoll National Park management station was formally established in July 2010. These are indicators of practical administration, not a neutral determination of sovereignty. Taiwan Ministry of Foreign Affairs, 7 July 2015
Who claims sovereignty?
Taiwan’s claim
Taiwan’s government considers the Tungsha (Pratas) Islands and surrounding waters part of ROC territory and waters. Its Ministry of Foreign Affairs stated in 2015: “Whether from the perspectives of history, geography, or international law, the Nansha（Spratly）Islands, Shisha （Paracel） Islands, Chungsha Islands （Macclesfield Bank）, and Tungsha （Pratas） Islands, as well as their surrounding waters, are an inherent part of ROC territory and waters.” This is Taiwan’s official position, not a mutually accepted legal finding. Taiwan Ministry of Foreign Affairs, “Statement on the South China Sea,” 7 July 2015
Taiwan’s Bureau of Consular Affairs reiterated in 2011 that the Tungsha Islands and surrounding waters, seabed, and subsoil belong to the ROC. Taiwan Bureau of Consular Affairs, 24 July 2011
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People’s Republic of China’s claim
The PRC’s Law on the Territorial Sea and the Contiguous Zone, dated 25 February 1992, lists the Dongsha Islands among the PRC’s land territory. Article 2 states: “The land territory of the People’s Republic of China includes the mainland of the People’s Republic of China and its coastal islands; Taiwan and all islands appertaining thereto including the Diaoyu Islands; the Penghu Islands; the Dongsha Islands; the Xisha Islands, the Zhongsha Islands and the Nansha Islands; as well as all the other islands belonging to the People’s Republic of China.” The listing establishes the PRC’s position in its own law; it does not demonstrate that the PRC administers the islands. PRC Ministry of Ecology and Environment, Law on the Territorial Sea and the Contiguous Zone
A PRC government statement updated on 12 July 2016 also includes Dongsha among the South China Sea Islands and asserts PRC sovereignty and maritime rights. That statement is evidence of Beijing’s position, not independent verification of its historical account. PRC Ministry of Foreign Affairs, 12 July 2016
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What does “legal status” mean here?
Three issues should be kept distinct:
- Effective control: Taiwan administers the islands in practice, according to the Taiwan government sources cited above.
- Sovereignty: Taiwan and the PRC both claim that Dongsha is their territory. Their official statements establish what each government asserts, not an agreed title.
- Maritime entitlements: Claims about surrounding waters are separate from sovereignty over land and do not, by themselves, establish an agreed maritime boundary.
The PRC’s 1992 law sets out a 12-nautical-mile territorial sea and a 12-nautical-mile contiguous zone measured from its baselines. These are provisions of PRC law, not a neutral ruling that PRC jurisdiction around Dongsha is accepted. PRC Law on the Territorial Sea and the Contiguous Zone, Articles 3–4
How did the competing positions develop?
Taiwan’s 2015 statement says the ROC government reclaimed the Tungsha (Pratas) Islands in 1946 after Japan’s wartime occupation. This is the ROC government’s historical account. Taiwan also points to the national-park management station established in July 2010 as an administrative measure. Neither that account nor the station settles sovereignty independently. Taiwan Ministry of Foreign Affairs, 7 July 2015
The PRC’s 1992 law and its 2016 government statement articulate its own territorial claim. They should likewise be read as official statements of position, rather than proof of present-day control or a neutral resolution of title. PRC law, 25 February 1992; PRC government statement, updated 12 July 2016
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What can be concluded from the official sources?
The sources establish a practical distinction: Taiwan administers Dongsha, while Taiwan and the PRC assert competing sovereignty claims. The official materials cited here do not establish a Dongsha-specific neutral adjudication or mutually accepted settlement. A government’s law, historical narrative, or administrative presence should not be mistaken for such a settlement.
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